DGAP-Adhoc: SolarWorld AG: U.S. single judge grants claim

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News Desk 2018
DGAP-Adhoc: SolarWorld AG: U.S. single judge grants claim for damages in the first instance. SolarWorld Industries Sachsen GmbH will appeal against judgment and sees no enforcement possibility in Germany

SolarWorld AG / Key word(s): Legal Matter/Miscellaneous 27.07.2016 08:58 Disclosure of an inside information according to Article 17 MAR, transmitted by DGAP - a service of EQS Group AG. The issuer is solely responsible for the content of this announcement. --------------------------------------------------------------------------- In the litigation between silicon supplier Hemlock Semiconductor Corp. and SolarWorld Industries Sachsen GmbH, a subsidiary of SolarWorld AG, a single judge granted Hemlock's claim for damages amounting to USD 585 million plus interests of USD 208 million in the first instance on July 26, 2016. SolarWorld Industries Sachsen GmbH will appeal against this judgment of the first instance at the Intermediate Court of Appeals in the United States. SolarWorld AG expects a duration of proceedings in the second instance of about one year. Inspite of this judgment in the first instance, SolarWorld AG continues to assume that Hemlock will not be able to enforce any claims in Germany. There are anti-trust concerns under European law regarding the effectiveness of the underlying supply contracts. If a potential final ruling by a U.S. court was to be enforced in Germany, Hemlock would have to initiate a recognition process at German courts according to Sec. 722 (1) of the German code of civil procedure. These proceedings would require the existence of a final - i.e. non-appealable - judgment from the United States. Moreover, in such a process, the compliance with fundamental principles of German law would have to be considered in reaching a verdict. According to German law, European trust law is a fundamental principle of the legal system. Furthermore, the U.S. single judge explicitly said that the court did not consider proof of illegality under EU anti-trust but also that this argument would receive its day in court later on. Thus, SolarWorld AG is convinced that such a procedure of recognition and enforcement will fail to be concluded successfully in Germany. The risk assessment of SolarWorld AG has thus not changed. Contact: SolarWorld AG Investor Relations Phone: +49 228 55920-470; Fax: +49 228 55920-9470, Email: placement@solarworld.com; Web: www.solarworld.de/en/investor-relations 27.07.2016 The DGAP Distribution Services include Regulatory Announcements, Financial/Corporate News and Press Releases. Archive at www.dgap.de --------------------------------------------------------------------------- Language: English Company: SolarWorld AG Martin-Luther-King-Straße 24 53175 Bonn Germany Phone: +49 (0)228 - 559 20 470 Fax: +49 (0)228 - 559 20 9470 E-mail: placement@solarworld.com Internet: www.solarworld.de ISIN: DE000A1YCMM2, DE000A1YDDX6, DE000A1YCN14 WKN: A1YCMM, A1YDDX, A1YCN1 Listed: Regulated Market in Dusseldorf, Frankfurt (Prime Standard); Regulated Unofficial Market in Berlin, Hamburg, Hanover, Munich, Stuttgart, Tradegate Exchange; Terminbörse EUREX End of Announcement DGAP News-Service ---------------------------------------------------------------------------

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